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All the latest news from Energy & Resources Law

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Amendments to Native Title Act give industry stability

Recent amendments to both the Native Title Act 1993 (Cth) and the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth) (CATSI Act) are intended to better resolve Native Title claims and provide stability for industry.

The Native Title Legislation Amendment Act 2020 addresses the problems caused by the McGlade decision as they relate to ‘right to negotiate’ agreements or section 31 agreements.

 

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Final Report of the Independent Review of the Environment Protection and Biodiversity Conservation Act

The Final Report of the Independent Review of the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) has now been released to the public. The report, delivered by Professor Samuel, contains 38 individual recommendations to be implemented over two years.

In a recent media release, the Minister for the Environment, Sussan Ley, said that 'the Government was committed to working through the full detail of the recommendations with stakeholders.’

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What is concerning mining and metals industry executives today?

Recent surveys conducted in the mining and metals industry sector indicate that climate change, price volatility and the risk of a global depression are the top concerns for executives.

The KMPG Mining Risk Forecast 2020/21 Report nominates climate change and price risks as top-of-mind for executives while a mid-year survey by White & Case found that the fear of a global recession was the most common concern amongst those surveyed. It’s worth noting that the KMPG survey was conducted before the COVID-19 pandemic. However, the concerns raised have ongoing relevance both now and into the future.

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Implications of the Interim report on Commonwealth environmental protection laws

Professor Graeme Samuel recently released his Interim Report of the Independent Review of the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act). The report is highly critical of the EPBC Act, reporting that it neither ensures effective environmental and biodiversity protections nor efficiently regulates business.


In the report, Professor Samuel makes several recommendations, some of which have already become priority areas for the government. These have significant implications for the energy and resources industry. 

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How COVID-19 could change mining for the better

The mining industry was deemed an essential service by the Government, which has enabled it to continue to operate during the COVID-19 pandemic. However, this hasn’t been without its challenges. New processes and procedures were required to address safety and social distancing and issues of supply and worker mobility have impacted how the industry operates. But with adversity comes opportunity and the mining industry has thrived and realised the potential for new improvements amidst the pandemic.